The Attorney General Of Lagos State & Ors v. The Attorney General Of The Federation & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED BABA IDRIS, JSC (Delivering the leading judgment)

This is a suit in the original jurisdiction of this court brought pursuant to section 232 of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the Constitution).

By an order of this court made on the 25th day of March, 2024 the plaintiffs filed their further amended originating summons on the 23rd day of May, 2024 wherein the plaintiffs sought answers to the following questions:

1. Having regard to the clear provisions of section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution’) which gives the National Assembly the exclusive power to make laws on the Sixty-eight (68) items exhaustively set out in Part I of the second schedule of the 1999 Constitution, whether the National Assembly has the vires to make any law to regulate and control the operation of the lottery in Nigeria, particularly, by the National Lottery Act, Cap N145, Laws of the Federation of Nigeria.

2. Having regard to the clear provisions of section 4 (4)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”), whether lottery falls within items which the National Assembly and States Houses of the Assembly are concurrently empowered to make laws with regards thereto.

3. Having regard to the clear provisions of section 4 (7) (a) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”) which grants the State Houses of Assembly the Residual power to make laws on matters not included in the Exclusive and Concurrent Legislative lists specifically set out in Part I of the second schedule and Part II of the second schedule respectively to the 1999 Constitution, whether the States Houses of Assembly do not have the exclusive power to make Laws to regulate and control the operation of the lottery within their States.

4. Having regards to the clear provisions of section 4 (7)(a) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”) which grants the States Houses of Assembly the Residual power to make laws on matters not included in the Exclusive and Concurrent Legislative Lists specifically set out in Part I of the second schedule and Part II of the second schedule to the 1999 Constitution respectively, whether the Lagos State and all other States of the plaintiffs do not have the power, to the exclusion of the Federation of Nigeria and the National Assembly, to make Laws to regulate and control the operation of lottery within the states of the Federation.

5. Having regard to the clear provisions of section 4 (4) (b), (7) (a) and 299 (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“the 1999 Constitution”), whether the power of the National Assembly to make laws of matters not included in either the Exclusive or Concurrent legislative lists is not Limited to the Federal Capital Territory and to the exclusion of the States of the Federation.

6. Having regard to the clear provisions of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”), whether the provisions of the sections 17, 18, 19, 20 and 21 of the National Lottery Act, Cap N145, Laws of the Federation of Nigeria, made by the National Assembly which gives the President of Nigeria exclusive rights to grant, renew and revoke licenses for the operation of lottery are not illegal, null, void and inconsistent with provisions of the 1999 Constitution.

7. Having regard to the provisions of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution’), whether the National Lottery Act, Cap N145, Laws of the Federation of Nigeria, is not illegal, null, void and inconsistent with the provisions of the 1999 Constitution.

They urged the court, on answering the questions, to grant them the declaratory and injunctive reliefs as follows:

i A declaration that lottery or game of chance is not one of the 68 items in the Exclusive Legislative List in Part I to the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“the 1999 Constitution) in respect of which the National Assembly has the vires to make laws for the whole of Nigeria and not incidental or supplementary to any matter mentioned in the list.

ii. A declaration that having regard to the clear provisions of section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”) the National Assembly lacks the vires to legally and Constitutionally make any law to regulate and control the operation of lottery in Nigeria.

iii. A declaration that having regard to the clear provisions of section 4(4) (a), (b) and Part II of the Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”), matters relating to lottery do not fall within items which the National Assembly and the State House of Assembly are concurrently empowered to make laws with regard thereto.